Will -- Due execution - Will executed in favour of grandson/defendant - Defendant examined both the attesting witnesses - Attesting witnesses categorically stated that testator executed Will in their presence and testator put his thumb impression on Will and at that time testator was in sound state of mind - Will in question is registered - There is specific averment of..........
Succession Act, 1925, Section 57, 213 -- Will - Probate - Grant of probate of Will is compulsorily to be obtained by testator or legatee for establishing right based upon Will only when it relates to territories provided u/s 57(a), (b) of the Act - If Will is not executed within territorial jurisdiction mentioned in S.57(a), (b) of the Act, rigors of S.213 of the Act,..........
Will -- Proof of - Defendant claimed her title on basis of Will of 1932, executed by her maternal uncle - Attesting witnesses of said Will proved the execution of said Will - Testator execute Will of 1932 by revoking earlier Will of 1930 executed by testator - DW4 examined to prove that testator was not illiterate person, as claimed by plaintiff rather he was an educated..........
Will -- Proof of - Testator signed Will on both the pages - Merely absence of signatures of witnesses on both the pages will not affect substantial right of beneficiaries...........
Will -- Testator not an illiterate person - Testator earlier executed a registered Will - Subsequently executed unregistered Will without disclosing of earlier will - Does not hold ground...........
Will -- Grant of probate - Deceased sister of testator not made a party - Testator was a male Hindu at the time of his death and governed by Dayabhaga School of Hindu Law - Deceased sister of testator having produced testator is not entitled to inherit estate of deceased as an heir in intestacy and as such her sons and daughters are also not entitled to citation...........
Will -- Grant of probate - Execution of Will duly proved - No one challenged said Will or contested grant despite repeated opportunity upon due service and paper publication - Will is not tainted with any suspicious circumstances - There are no issues like undue influence, coercion or fraud being raised at the trial - As regarding contention of defendant that signature of..........
Limitation Act, 1963, Article 137 -- Will - Probate - Limitation - Starting point - Time starts running from date when right to apply accrues - Right to apply accrues not from date of death of testator but from which dispute arises or when it becomes necessary to apply for grant of probate, as there is no outer limit for filing an application for probate...........
Succession Act, 1925, Section 276 -- Will - Probate - There is no outer limit for filing an application for probate viz.: (i) date of death of testator cannot fix executor with a simultaneous obligation to apply for probate as it may not be possible for executor to know of testator's death in every case; (ii) in an application for grant of probate, no right is claimed by..........
Will -- Suspicious circumstance - When Will is surrounded by suspicious circumstances, Court would expect that legitimate suspicion should be removed before document is accepted as last Will of testator...........
